CUSTOMER’S RESPONSIBILITIES: Customer is responsible for providing water, gas, sewer, and electrical utilities, unless there is a written agreement stating otherwise. It is essential to have electricity and water available on the site. Customer agrees to grant Contractor and Contractor’s equipment access to the property. Customer is responsible for either removing or protecting any personal property at or surrounding the work site. Contractor is not liable for personal property damage, including but not limited to, carpets, drapes, furniture, driveways, lawns, shrubs, etc. Customer will accurately identify and guarantee the property lines to Contractor.
WARRANTY; MAINTENANCE REQUIREMENT:
REFRIGERATION AND HVAC REPAIR – 1-year warranty for labor, warranty for parts or equipment is provided in accordance with the manufacturer’s warranty.
EXTRA WORK AND CHANGE ORDERS: Customer may not require Contractor to perform extra or change order work without providing written authorization prior to the commencement of any work covered by the new change order (“Change Order”). Change Order is not enforceable against Customer unless it also identifies all of the following in writing prior to the commencement of any work covered by the Change Order:
(1) the scope of the work encompassed by the order;
(2) the amount to be added or subtracted from the Contract; and
(3) the effect the order will have on the progress of payments or the completion date.
Contractor’s failure to comply with these requirements does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
Contractor shall promptly notify Customer of (a) subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as existing in the type of work provided for in this Agreement. Any expense incurred due to such conditions shall be paid for by Customer.
Should Customer, construction lender, or any public body or inspector direct any modification or addition to the work covered by this Agreement, the agreed upon price shall be adjusted accordingly. The change in the price caused by such change shall be as agreed in writing.
PLANS, SPECIFICATIONS, AND PERMITS: If plans and/or separate specifications are prepared for this job, they shall be attached to and become part of this Agreement. Contractor may assist Customer in obtaining all necessary permits for the project. Please note that if the permit issuer requires any additional work, it will be added to the project at the Customer’s discretion. This may result in a change to the total price.
SUB CONTRACTORS: Contractor may subcontract portions of this work to properly licensed and qualified subcontractors.
CLEAN-UP: Upon completion of the work, Contractor will remove from Customer’s property debris and surplus material created by his operation and leave it in a neat and broom-clean condition.
DELAY AND/OR INTERRUPTION OF SERVICES. In case of inability to obtain adequate supplies, materials, equipment or parts, or war, civil commotion, strikes, governmental regulations or restrictions, prohibitions or other regulations, strikes, labor disturbances, Acts of God, boycotts, obstructive action by labor organizations or other causes which are not under control of Contractor, the provision of services under this Agreement may be delayed, modified or entirely suspended for the period of such occurrence, and Contractor shall not be responsible or liable in any way for any delay, modification or cessation of the same.
FEES, TAXES AND ASSESSMENTS: Customer is responsible for covering all taxes, permits, fees, and assessments of any nature. Contractor may assist in the acquisition of all necessary building permits for the work, with the expenses solely borne by Customer. Upon Contractor’s requests, Customer must promptly provide sufficient funds to obtain any required permits. Customer is responsible for all fees and charges imposed by public entities and utilities associated with sewers, storm drains, water service, school facilities, other utilities, hook-up charges, and similar expenses. All payments made by credit card are subject to an additional credit card processing fee of 3.5% of the total amount invoiced.
If the event of non-payment, Contractor may use services of debt collectors. In this event, Customer shall be responsible for, in addition to the principal sum owed, and the accrued interest, the cost of collection of all outstanding amounts due under this Agreement.
COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state, county and local laws, ordinances, and regulations.
COMMERCIAL GENERAL LIABILITY INSURANCE (CGL): Contractor carries commercial general liability insurance written by Fuse Service HVAC & Appliance Repair Westchester. You may call Fuse Service HVAC & Appliance Repair Westchester at (914) 350-5838 to check the Contractor’s insurance coverage.
WORKERS’ COMPENSATION INSURANCE: Contractor shall carry Workers’ Compensation Insurance on all his employees and shall furnish Customer satisfactory evidence upon request.
CUSTOMER’S INSURANCE: Customer may procure, at his/her sole expense and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached, such insurance to be a sum at least equal to the contract price with loss, if any payable to any mortgagee or other beneficiary covering the project, such insurance to name Contractor and his subcontractors as additional insureds, and to protect Customer, Contractor and his subcontractors and construction lender as their interests may appear; should Customer fail to do so, Contractor may procure such insurance as agent for and at the expense of Customer, but is not required to do so. If the project is destroyed or damaged by an accident, disaster, or calamity, such as fire, storm, earthquake, or by theft or vandalism, any work done by Contractor in rebuilding or restoring the project shall be paid for by Customer.
ARBITRATION OF DISPUTES: Any dispute, claim or controversy arising out of or relating to this Agreement or the performance, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in the county where the project is located in the State of New York, before one arbitrator. At the option of the first to commence arbitration, the arbitration shall be administered by a mutually agreed arbitration provider, or by an arbitrator mutually agreed upon by the parties. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
ATTORNEYS FEES: In the event it shall become necessary to bring suit in connection with any of the provisions of this Agreement, the prevailing party shall be paid such sum as the Court may adjudge as reasonable attorney fees.
LIMITATIONS: No action of any character arising from or related to this Agreement, or the performance thereof, shall be commenced by either party against the other more than two (2) years after completion or cessation of work under this Agreement.
RIGHT TO STOP WORK: Contractor shall have the right to stop work if any payment is not timely made to Contractor under this Agreement. Contractor may keep the job idle until all payments due are received. Furthermore, Contractor may at his option terminate this Agreement and Customer shall be liable to Contractor for breach of contract.
RIGHT TO CURE: In the event that Customer alleges that some of the work is not or has not been done correctly or timely, Customer shall give Contractor a notice that Contractor shall commence to cure the condition that Customer has alleged is insufficient within ten (10) days.
SCOPE OF AGREEMENT: Time is of the essence with respect to the completion of the work by Contractor. No modification or waiver of this Agreement shall be valid unless in writing and signed by the parties. Waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other provisions of this Agreement. This writing constitutes the entire agreement, and neither party is bound by any representation, warranty, promise, statement, or information, unless it is specifically set forth herein. Paragraph headings do not in any manner affect the scope or meaning or intent of its provisions. If a part of this Agreement is held to be indefinite, uncertain, or unenforceable, such determination shall not invalidate any other part of this Agreement. This Agreement in all respects shall bind and inure to the benefits of the heirs, executors, administrators, successors and assigns of the parties.
TERMS AND CONDITIONS FOR SMS COMMUNICATION
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NOTICE REGARDING PAYMENTS PRIOR TO COMPLETION
In accordance with subdivision 4 of Section 71-a of the New York Lien Law, Contractor is legally required to deposit all payments received prior to completion of the work. In lieu of such deposit, Contractor may post a bond or contract of indemnity with Customer guaranteeing the return of the payments or application of the payments to the purposes of the contract.
MECHANIC’S LIEN NOTICE
Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a mechanic’s lien. Any mechanic’s lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic’s lien may invalidate such lien. The owner may contact an attorney to determine his or her rights to discharge a mechanic’s lien.
RELEASE FROM CLAIM OR MECHANICS LIEN FOR WORK THAT HAS BEEN PAID FOR. Upon satisfactory payment being made for any portion of the work performed, the Contractor shall, prior to any further payment being made, furnish to Customer an appropriate release or waiver of any potential lien claim for that portion of the work for which payment has been made, to the extent required by applicable law.
NOTICE OF CANCELLATION
You may cancel this transaction, without any penalty or obligation, within three (3) business days from the date of the transaction.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within twenty (20) days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction mail or deliver a signed and dated copy of this cancellation notice, or any other written notice to: fusewestny@gmail.com or Fuse Service at 2542 Tenbroeck ave, Bronx, NY 10469 not later than midnight of the third business day following the transaction date.
